The text matters. Words matter. Punctuation matters. But we have to ask ourselves: At what point does a devotion to strict textualism become an elaborate game of pretend?

Here, the Texas Legislature clearly stated the meaning it meant to convey in this particular provision of the Texas Citizens Participation Act. But the majority has decided that the most reliable indicator of the Legislature’s intended meaning is not what the Legislature said about its intended meaning. Instead, under the guise of textualism, the majority has decided that the clearest indicator of the statute’s intended meaning is the Legislature’s comma usage.

I cannot bring myself to join the majority in pretending that the Texas Legislature was so purposed and precise in its punctuation that it meant to undo its stated intentions by omitting a comma. Therefore, I must respectfully dissent.

Jason Steed is an appellate attorney who handles both civil and criminal appeals. He's represented clients in both state and federal appellate courts across the country. For more, see the "About" page.

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